Record Keeping

City officials must create and maintain detailed records that are necessary to show that they have complied with the governmental ethics laws. Records must be maintained for at least four years.

Training

City officials are required to complete two types of training when they enter City service and every two years thereafter: 1) ethics training provided by the Ethics Commission, and 2) fraud awareness training provided by the Personnel Department.

If you are an attorney licensed in the state of California, you may receive two hours of general participatory MCLE credit for completing the training. To receive MCLE credit, you must submit a completed MCLE request form and certificate of completion to the Office of the City Attorney, using the contact information provided on the form.

Disclosure

City officials must periodically file CA Form 700 (Statement of Economic Interests) to disclose their personal financial interests. For most City officials, the interests that they must disclose are specified in their department’s conflict of interests code. However, employees and consultants who manage public investments are identified in California Government Code § 87200 and, as a result, must report all of their sources of income, investments, gifts, and real property interests.

Conflicts of Interests

City officials are prohibited from participating in, making, or attempting to influence City decisions that could foreseeably affect their personal financial interests or the personal financial interests of their immediate family members. When such a conflict may exist, they must seek advice from the City Attorney’s office and may be required to recuse themselves from participating in the government decision. In addition to conflicts resulting from financial interests, the City Attorney’s office has the authority to decide that the public interest prevents a City official from acting on a matter, even if a financial interest is not affected.

City officials may not have a financial interest in a City contract if their City duties require them to participate in any way in the contract, from preliminary discussions to execution of the contract.

In the first 12 months of City service, City officials are prohibited from knowingly participating in, making, or attempting to influence a City decision related to a contract if a party to the contract is a person by whom the City official was employed in the 12 months prior to entering City service.

Gifts & Travel

City officials are prohibited from soliciting or accepting a gift if it is reasonably foreseeable that it could influence them in the performance of their City duties. In addition, they may not solicit or accept a gift of any value from a lobbyist or lobbying firm registered to lobby their department. Registered lobbyists, lobbyist employers, and lobbying firms can be searched and viewed through the Public Data Portal.

City officials are also prohibited from soliciting or accepting a gift or combination of gifts from a single source that, during a calendar year, exceeds $500. Gifts from a restricted source are more limited. City officials may never solicit a gift from a restricted source, and the value of all gifts received from a restricted source may not exceed $100 per calendar year.

Personal loans may be considered gifts, unless they are from a commercial lending institution and made in the lender’s regular course of business on terms available to the public, without regard to the City official’s public status.

Generally, City officials may not accept payments for travel or travel-related expenses from sources other than the City. Department heads and board and commission members may never accept free or discounted travel from transportation companies. In addition, gifts of travel are limited in the same way as other gifts, which means they cannot be solicited or accepted from lobbyists and lobbying firms registered to lobby the City official’s department, cannot exceed $100 per year from a restricted source, and cannot exceed $500 per year from any other reportable source. Limited exceptions may apply, depending on the source, the destination, and the purpose of the travel.

City officials must report on CA Form 700 all gifts received from a single source that total $50 or more. Gifts may be tracked with the Gift Journal. If the exact dollar amount of a gift is unknown, the fair market value must be reported.

Limited exceptions apply to the gift laws. In addition, under the Ticket Distribution & Disclosure Policy, tickets to certain types of events are not considered gifts if they are distributed by a City department and other procedural requirements are met.

Misuse of Position

City officials may not use their positions to create a private advantage or disadvantage for any person. In addition, they may not use or authorize the use of City resources for non-City purposes. They are also prohibited from misusing or disclosing confidential information acquired as a result of their City service.

Outside Employment

City officials may not engage in outside employment while on City time.

City officials may not receive outside income unless they obtain prior written approval from their department heads or appointing authorities. If the source of income is a restricted source, a City official must also obtain prior written approval from the Ethics Commission. A City official may not receive outside income if doing so would be inconsistent with, incompatible with, in conflict with, or inimical to the City official’s City duties.

A City official’s ability to receive an honorarium is also limited. An honorarium is prohibited if it is from a source identified as a disclosable source for the City official in the department conflict of interests code. If an honorarium is permitted, it is treated like outside income, and a City official must receive prior written approval to accept it.

Political Activity

City officials may not engage in political activity while on duty for the City or using City resources or facilities. They may not communicate in a manner that implies they are speaking on behalf of the City. They may not solicit campaign contributions from other City personnel, and they may not receive or deliver campaign contributions in City Hall or another City-owned space. City officials may not use or authorize the use of City facilities or resources for campaign activity.

Revolving Door

City officials are permanently prohibited from receiving compensation to attempt to influence City action on matters in which they personally and substantially participated during City service. The ban lasts as long as the matter is pending with a City agency or the City is a party to the matter. The ban extends to advising or assisting someone else who attempts to influence action on the matter.

City officials are also subject to a one-year “cooling off” period, during which they are prohibited from receiving compensation to attempt to influence City action on a matter (whether the City official personally participated in the matter or not) that is pending with any City department in which they served during the 24 months before they left City service. For City officials who served in any of the following positions during the 24 months before they left City service, the cooling off period applies to any matter pending with any City department:

Deputy Mayor

Mayoral Chief of Staff

Mayoral Aide VII

Mayoral Aide VIII

Executive Assistant City Attorney

Chief Assistant City Attorney

City Attorney exempt employee

Chief Deputy Controller

Principal Deputy Controller

Administrative Deputy Controller

City Council Aide VI

City Council Aide VII

City officials may not negotiate future employment or business opportunities with a person (other than a government agency) who has a matter pending with them. In addition, City officials are prohibited from participating in or using their City positions to influence a decision involving the interests of a person with whom they are negotiating or have an agreement regarding future employment or business opportunities.

What interests do I have to report on my statement of economic interests?

Your statement of economic interests is CA Form 700, on which you must report your and your spouse’s personal financial interests, including investments, business positions, real property interests, sources of income, gifts, and loans. Commonly reportable interests include stocks, investments in business entities, trusts, rental property, non-governmental salaries, tickets, and travel payments.

When do I have to file a statement of economic interests?

You must file a statement of economic interests (CA Form 700) within 30 days of starting a new City position, annually in the beginning of April while holding the position (covering activity for the prior calendar year), and within 30 days after leaving the position. If you have questions about your specific filing deadlines, please contact us.

Can I volunteer to work on a City candidate’s campaign?

Yes. However, you may not engage in campaign work on City time or use City resources. In addition, you may not do anything that implies that you are speaking on behalf of the City or that the City endorses the candidate.

I am leaving the City and would like to join a consulting firm that helps clients get City projects completed. Can I do that?

You may join a consulting firm after leaving City office, but your activity for that firm is limited. You may not attempt to influence the City regarding any matter in which you personally and substantially participated during City service, and you may not advise anyone else who might attempt to influence the matter. In addition, you are banned from attempting to influence any City matter for one year after you leave City service in any department in which you served in the 24 months before leaving City service, whether you were personally involved in it or not. If you are a high-level City official, the one-year ban applies to any matter in any City department.

Can a City official ask someone who has a contract with the City official’s department to contribute to a holiday party for the department?

No. The contractor is a restricted source to the City official, and City officials may not solicit gifts from restricted sources.

Can a 501(c)(3) organization pay for a City official to attend a conference?

Yes, if the conference and travel payments are related to a legislative or governmental purpose or to an issue of public policy. The City official may be required to recuse herself from participating in matters relating to the 501(c)(3) organization for the 12 months following the travel. In addition, the City official must report the travel on the next statement of economic interests. Travel from most other sources is a gift that may be prohibited or subject to an annual limit of either $100 or $500.

A lobbying firm invited me to attend a dinner that they are hosting to recognize me and other exceptional City personnel. Can I attend?

Probably not. You may not accept a gift of any value, including a meal or attendance at an event, from a City lobbying firm that is registered to lobby your department. The lobbying firm may recognize you by giving you a personalized plaque valued at $250 or less.

REQUIREMENTS

Record Keeping

City officials must create and maintain detailed records that are necessary to show that they have complied with the governmental ethics laws. Records must be maintained for at least four years.

Training

City officials are required to complete two types of training when they enter City service and every two years thereafter: 1) ethics training provided by the Ethics Commission, and 2) fraud awareness training provided by the Personnel Department.

If you are an attorney licensed in the state of California, you may receive two hours of general participatory MCLE credit for completing the training. To receive MCLE credit, you must submit a completed MCLE request form and certificate of completion to the Office of the City Attorney, using the contact information provided on the form.

Disclosure

City officials must periodically file CA Form 700 (Statement of Economic Interests) to disclose their personal financial interests. For most City officials, the interests that they must disclose are specified in their department’s conflict of interests code. However, employees and consultants who manage public investments are identified in California Government Code § 87200 and, as a result, must report all of their sources of income, investments, gifts, and real property interests.

LIMITATIONS

Conflicts of Interests

City officials are prohibited from participating in, making, or attempting to influence City decisions that could foreseeably affect their personal financial interests or the personal financial interests of their immediate family members. When such a conflict may exist, they must seek advice from the City Attorney’s office and may be required to recuse themselves from participating in the government decision. In addition to conflicts resulting from financial interests, the City Attorney’s office has the authority to decide that the public interest prevents a City official from acting on a matter, even if a financial interest is not affected.

City officials may not have a financial interest in a City contract if their City duties require them to participate in any way in the contract, from preliminary discussions to execution of the contract.

In the first 12 months of City service, City officials are prohibited from knowingly participating in, making, or attempting to influence a City decision related to a contract if a party to the contract is a person by whom the City official was employed in the 12 months prior to entering City service.

Gifts & Travel

City officials are prohibited from soliciting or accepting a gift if it is reasonably foreseeable that it could influence them in the performance of their City duties. In addition, they may not solicit or accept a gift of any value from a lobbyist or lobbying firm registered to lobby their department. Registered lobbyists, lobbyist employers, and lobbying firms can be searched and viewed through the Public Data Portal.

City officials are also prohibited from soliciting or accepting a gift or combination of gifts from a single source that, during a calendar year, exceeds $500. Gifts from a restricted source are more limited. City officials may never solicit a gift from a restricted source, and the value of all gifts received from a restricted source may not exceed $100 per calendar year.

Personal loans may be considered gifts, unless they are from a commercial lending institution and made in the lender’s regular course of business on terms available to the public, without regard to the City official’s public status.

Generally, City officials may not accept payments for travel or travel-related expenses from sources other than the City. Department heads and board and commission members may never accept free or discounted travel from transportation companies. In addition, gifts of travel are limited in the same way as other gifts, which means they cannot be solicited or accepted from lobbyists and lobbying firms registered to lobby the City official’s department, cannot exceed $100 per year from a restricted source, and cannot exceed $500 per year from any other reportable source. Limited exceptions may apply, depending on the source, the destination, and the purpose of the travel.

City officials must report on CA Form 700 all gifts received from a single source that total $50 or more. Gifts may be tracked with the Gift Journal. If the exact dollar amount of a gift is unknown, the fair market value must be reported.

Limited exceptions apply to the gift laws. In addition, under the Ticket Distribution & Disclosure Policy, tickets to certain types of events are not considered gifts if they are distributed by a City department and other procedural requirements are met.

Misuse of Position

City officials may not use their positions to create a private advantage or disadvantage for any person. In addition, they may not use or authorize the use of City resources for non-City purposes. They are also prohibited from misusing or disclosing confidential information acquired as a result of their City service.

Outside Employment

City officials may not engage in outside employment while on City time.

City officials may not receive outside income unless they obtain prior written approval from their department heads or appointing authorities. If the source of income is a restricted source, a City official must also obtain prior written approval from the Ethics Commission. A City official may not receive outside income if doing so would be inconsistent with, incompatible with, in conflict with, or inimical to the City official’s City duties.

A City official’s ability to receive an honorarium is also limited. An honorarium is prohibited if it is from a source identified as a disclosable source for the City official in the department conflict of interests code. If an honorarium is permitted, it is treated like outside income, and a City official must receive prior written approval to accept it.

Political Activity

City officials may not engage in political activity while on duty for the City or using City resources or facilities. They may not communicate in a manner that implies they are speaking on behalf of the City. They may not solicit campaign contributions from other City personnel, and they may not receive or deliver campaign contributions in City Hall or another City-owned space. City officials may not use or authorize the use of City facilities or resources for campaign activity.

Revolving Door

City officials are permanently prohibited from receiving compensation to attempt to influence City action on matters in which they personally and substantially participated during City service. The ban lasts as long as the matter is pending with a City agency or the City is a party to the matter. The ban extends to advising or assisting someone else who attempts to influence action on the matter.

City officials are also subject to a one-year “cooling off” period, during which they are prohibited from receiving compensation to attempt to influence City action on a matter (whether the City official personally participated in the matter or not) that is pending with any City department in which they served during the 24 months before they left City service. For City officials who served in any of the following positions during the 24 months before they left City service, the cooling off period applies to any matter pending with any City department:

Deputy Mayor

Mayoral Chief of Staff

Mayoral Aide VII

Mayoral Aide VIII

Executive Assistant City Attorney

Chief Assistant City Attorney

City Attorney exempt employee

Chief Deputy Controller

Principal Deputy Controller

Administrative Deputy Controller

City Council Aide VI

City Council Aide VII

City officials may not negotiate future employment or business opportunities with a person (other than a government agency) who has a matter pending with them. In addition, City officials are prohibited from participating in or using their City positions to influence a decision involving the interests of a person with whom they are negotiating or have an agreement regarding future employment or business opportunities.

FREQUENTLY ASKED QUESTIONS

What interests do I have to report on my statement of economic interests?

Your statement of economic interests is CA Form 700, on which you must report your and your spouse’s personal financial interests, including investments, business positions, real property interests, sources of income, gifts, and loans. Commonly reportable interests include stocks, investments in business entities, trusts, rental property, non-governmental salaries, tickets, and travel payments.

When do I have to file a statement of economic interests?

You must file a statement of economic interests (CA Form 700) within 30 days of starting a new City position, annually in the beginning of April while holding the position (covering activity for the prior calendar year), and within 30 days after leaving the position. If you have questions about your specific filing deadlines, please contact us.

Can I volunteer to work on a City candidate’s campaign?

Yes. However, you may not engage in campaign work on City time or use City resources. In addition, you may not do anything that implies that you are speaking on behalf of the City or that the City endorses the candidate.

I am leaving the City and would like to join a consulting firm that helps clients get City projects completed. Can I do that?

You may join a consulting firm after leaving City office, but your activity for that firm is limited. You may not attempt to influence the City regarding any matter in which you personally and substantially participated during City service, and you may not advise anyone else who might attempt to influence the matter. In addition, you are banned from attempting to influence any City matter for one year after you leave City service in any department in which you served in the 24 months before leaving City service, whether you were personally involved in it or not. If you are a high-level City official, the one-year ban applies to any matter in any City department.

Can a City official ask someone who has a contract with the City official’s department to contribute to a holiday party for the department?

No. The contractor is a restricted source to the City official, and City officials may not solicit gifts from restricted sources.

Can a 501(c)(3) organization pay for a City official to attend a conference?

Yes, if the conference and travel payments are related to a legislative or governmental purpose or to an issue of public policy. The City official may be required to recuse herself from participating in matters relating to the 501(c)(3) organization for the 12 months following the travel. In addition, the City official must report the travel on the next statement of economic interests. Travel from most other sources is a gift that may be prohibited or subject to an annual limit of either $100 or $500.

A lobbying firm invited me to attend a dinner that they are hosting to recognize me and other exceptional City personnel. Can I attend?

Probably not. You may not accept a gift of any value, including a meal or attendance at an event, from a City lobbying firm that is registered to lobby your department. The lobbying firm may recognize you by giving you a personalized plaque valued at $250 or less.